November 19, 2024
Human Resources
DATE: November 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Nickie Mastay, Deputy City Manager- Internal Services
Sharrone Taylor, Director of Human Resources
Subject:
Legal Services Agreement with McFadden Investigations
Law Corporation
FINANCIAL IMPACT: These services are considered part of the program administration costs and accounted for in the Fiscal Year 2024-2025 Human Resources and Risk Management
budgets. The services are provided at an hourly rate so the actual amount could be less. (Human Resources
Legal Services 01181016-400206 and Risk Management
Legal Service – Non-General Fund 50182316-400206).
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The City Council’s approval is needed to support legal
services agreements for employment attorneys
conducting confidential personnel investigations.
AGENDA
REPORT
November 19, 2024
RECOMMENDED ACTION:
APPROVE a legal services agreement with McFadden
Investigations Law Corporation for a term of November
19, 2024, through September 30, 2027, for a total
amount not to exceed $150,000 to perform confidential
personnel investigations – City Attorney’s Office/Human Resources Department (Dave Aleshire/Shannon
Moore/Nickie Mastay/Sharrone Taylor 510-620-6803)
DISCUSSION:
The City is responsible for addressing complaints of discrimination, harassment, and retaliation by promptly conducting thorough and unbiased personnel investigations.
Additionally, the City investigates other workplace issues, including employee complaints, when necessary. When an external personnel investigation is required, the City enlists the services of specialized firms which have highly skilled employment law attorneys to conduct personnel investigations, such as McFadden Investigations Law Corporation.
The City Attorney’s Office and Human Resources Department are requesting a legal services agreement with McFadden Investigations Law Corporation to conduct impartial personnel investigations. Carrie McFadden is an experienced investigator who has conducted investigations into complex and sensitive allegations in a variety of industries, including government, public safety, recreation, and legal. Prior to devoting her practice to workplace investigations, Ms. McFadden practiced civil litigation for over 10 years where she represented public entities and their employees in a wide variety of cases, such as employment cases involving allegations of wrongful termination, retaliation, and discrimination. As Ms. McFadden has the experience and expertise necessary to conduct workplace investigations, the City intends to retain McFadden Investigations Law Corporation for personnel investigations as an attorney at law for the purpose of facilitating the rendering of legal advice to the City.
The City Attorney's Office and the Human Resources Department are requesting approval of a new legal services agreement with McFadden Investigations Law Corporation for a term of November 19, 2024, through September 30, 2027, for a total amount not to exceed $150,000. McFadden’s hourly rate is $350 per hour.
DOCUMENTS ATTACHED:
Attachment 1 – Proposed Legal Services Agreement with McFadden Investigations Law Corporation